1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. The Plaintiff is a person who runs the business of supplying human resources at the construction site with the trade name of “C”, and the Defendant is a person who runs the business of constructing concrete by using pumps, etc. at the construction site under the trade name of “D”.

B. The Defendant, while operating the above business, has been in charge of the duties to check and report the appearance of a managing director or the head of the working group to E and to E employed by him on the construction site.

The defendant paid labor costs to the plaintiffs, E, or workers according to the report of E.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 4 (including each number; hereinafter the same shall apply)

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant’s employees, at the request of the Defendant’s employees E, provided labor personnel at the construction site where the Defendant’s employees work, and paid labor expenses after deducting 10% of the commission from the above labor personnel according to the work confirmation that the above labor personnel received from E, and then received labor expenses from the Defendant in the following month.

Therefore, the defendant is liable to pay to the plaintiff 12,24,790 won after deducting the plaintiff's paid 12,895,210 won from the total amount of 25,140,000 won stated in the above work confirmation document up to August 10, 2018, and damages for delay.

B. Determination 1) The Plaintiff provided labor by supplying G on April 3, 2018, H on April 17, 2018, H on April 18, 2018, and I on April 18, 2018, and the labor cost for each of the above labor services was KRW G 130,000, H 150,000, and I 140,000 can be recognized by each entry in the evidence Nos. 7 and 9, since there is no dispute between the parties, or there is a duty to pay the Plaintiff labor cost of KRW 420,00,000 (= KRW 130,000,150,000) (the Plaintiff supplied the Plaintiff on April 13, 2018 and KRW 140,000).